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A BILL TO BE ENTITLED
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AN ACT
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relating to limits on the purpose and power of a fresh water supply |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.001, Water Code, is amended by adding |
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Subdivision (4) to read as follows: |
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(4) "Commission" means the Texas Commission on |
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Environmental Quality. |
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SECTION 2. Section 53.101, Water Code, is amended to read as |
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follows: |
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Sec. 53.101. PURPOSE OF DISTRICT. Fresh water supply |
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districts may be created to conserve, transport, and distribute |
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fresh water in or to the district from any sources for domestic and |
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commercial purposes. |
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SECTION 3. Subchapter D, Chapter 53, Water Code, is amended |
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by adding Section 53.108 to read as follows: |
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Sec. 53.108. LIMITATION ON USE OF EMINENT DOMAIN POWER; |
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REQUIRED APPROVALS. (a) A district may not exercise the power of |
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eminent domain to acquire land, an easement, or other property that |
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is located more than five miles outside the district's boundaries |
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unless: |
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(1) the commissioners court in the county in which the |
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eminent domain power is to be exercised, after notice and hearing, |
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officially approves the exercise; and |
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(2) after approval by the commissioners court, the |
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commission issues an order approving the district's application to |
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exercise that power. |
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(b) A district that seeks commission approval for the |
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district's planned exercise of eminent domain power: |
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(1) shall submit to the commission a written |
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application for approval of the exercise of that power; and |
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(2) shall provide notice of the application in the |
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manner prescribed by the commission. |
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(c) The executive director of the commission may: |
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(1) grant an application if the executive director |
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finds that: |
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(A) the requested exercise of the power of |
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eminent domain is necessary and serves a purpose for which the |
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district was created; and |
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(B) granting the application will: |
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(i) serve the public interest; |
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(ii) encourage regionalization of water |
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supply and distribution; and |
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(iii) benefit the residents of the |
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district; or |
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(2) request that the commission hold a public hearing |
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on the application. |
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(d) After publication of notice, an opportunity for public |
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comment, and an opportunity for public hearing on an application |
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under this section, the commission may issue an order approving the |
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application if the commission finds that: |
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(1) all procedural requirements have been satisfied; |
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(2) the requested exercise of the power of eminent |
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domain: |
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(A) is necessary and serves a purpose for which |
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the district was created; and |
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(B) will encourage regionalization of water |
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supply and distribution; and |
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(3) granting the request will: |
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(A) serve the public interest; and |
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(B) benefit the residents of the district. |
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(e) The commission by rule shall establish procedures for |
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public notice and hearing of applications under this section. The |
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procedures must include provision of notice to elected state and |
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local officials who represent residents of the district and of the |
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property proposed for condemnation. |
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(f) A district may not exercise the power of eminent domain |
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to acquire land, an easement, or other property that is located more |
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than 75 miles outside the district's boundaries. |
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(g) This section applies to a fresh water supply district |
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and a district that converts from a fresh water supply district to |
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another type of district. |
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SECTION 4. Section 53.108, Water Code, as added by this Act, |
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applies only to an exercise of the power of eminent domain by a |
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fresh water supply district for which a condemnation petition is |
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filed on or after the effective date of this Act. An exercise of the |
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power of eminent domain by a fresh water supply district for which a |
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condemnation petition is filed before the effective date of this |
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Act is governed by the law in effect on the date the condemnation |
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petition is filed, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |